OVI Overview

While Annie's Law may have changed some the sentencing requirements upon conviction of OVI, those changes still require a conviction. But how does an officer work towards obtaining evidence for a conviction?

From the moment an officer suspects you are driving impaired he is attempting to collect evidence against you. An officer may believe you to be impaired when he first notices your vehicle based on your driving (weaving, fluctuations in speed, etc) or during a traffic stop for other purposes (you're driving at 1AM on a Saturday with a license plate light out).

Your driving, your speech, the odor of your breath and clothes, and your ability to provide your driver’s license are all factors the officer will consider when determining whether or to ask you to submit to Standardized Field Sobriety Tests (FSTs).  After determining you are impaired based upon the FSTs, the officer will place you under arrest and transport you to a police station. At the station the officer will ask you to submit to another test – usually a breath test.

To blow or not to blow? Put simply, without a scientific test to prove your impairment the State has a harder time convicting you (though a jury can still find a person guilty based upon the FSTs). But there can be additional consequences if you don't blow - increases in driver's license suspension times and there may be professional ramifications for those with professional licenses, CDLs, etc. Additionally, some courts do not generally grant limited driving privileges during the pre-trial phase of the case if there is a refusal on a breath or other chemical test.

But just because the officer says you failed the FSTs or that you have a test result that indicates you over the legal limit, it does not mean you were impaired and guilty. Minor deviations in the FSTs can effect the results the officer observes and breath-testing machines and the officers that operate them have stringent guidelines that must be followed.

What surprises most people that take standardized field sobriety tests and a breath test (or other chemical test like urine or blood) is that they are charged with two OVI offenses. 

Ohio’s OVI laws are extremely specific and technical and it takes trained OVI attorneys to protect your rights. If you, or someone you know, has been charged with an OVI, you must obtain counsel to protect your rights. The Nicodemus Law Office will fully investigate your OVI charge and will protect your rights if you have been charged with an OVI. Call 740-422-9280 or complete the CONTACT FORM to schedule your consultation. 

Grandparent Visitation Rights - Overview

Ohio recognizes in the inherent right of parents to make decisions regarding their children's upbringing. But grandparents also have rights that are statutorily defined. If grandparents are prohibited from seeing their grandchildren the courts can become involved, in certain circumstances,  to determine if the statutory requirements are met for granting grandparent time.

The most crucial requirement for the assertion of grandparent rights is there be a court action involving a "divorce, dissolution of marriage, legal separation, annulment, or child support proceeding" involving the child. Once a court has jurisdiction over a child, that court can also determine whether grandparents should be permitted visitation rights with their grandchild.


The Nicodemus Law Office has worked with both parents and grandparents in these matters. Whether you are a grandparent yearning to see your grandchild or a parent seeking to prohibit grandparent time, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule a consultation.

Misdemeanor v. Felony - What's the Difference

In Ohio, criminal offenses are classified as either misdemeanor or felony offenses (there's also unclassified misdemeanors and felonies but that is an entirely different discussion). Misdemeanor offenses are typically heard by the municipal or county court and may even be heard in a mayor’s court. Felony offenses are heard in a common pleas court. Some common misdemeanors are petty theft and OVI. Some common felonies are theft, forgery, aggravated drug possession, and drug trafficking.

Both misdemeanor and felony offenses are separated into degrees based on the severity of the offense with a minor misdemeanor being the least severe offense and a first degree felony being the most severe. In many instances a crime may be classified as either a felony or misdemeanor depending on the facts and circumstances of the alleged crime.

The potential maximum penalties for misdemeanors and felonies are:

Degree of Offense	Maximum Fine	Maximum Incarceration
Minor Misdemeanor (MM)	$150	None
Fourth Degree Misdemeanor (M4)	$250	30 days - local jail
Third Degree Misdemeanor (M3)	$500	60 days - local jail
Second Degree Misdemeanor (M2)	$750	90 days - local jail
First Degree Misdemeanor (M1)	$1,000	180 days - local jail
Fifth Degree Felony (F5)	$2,500	12 months - prison
Fourth Degree Felony (F4)	$5,000	18 months - prison
Third Degree Felony (F3)	$10,000	3 or 5 years - prison
Second Degree Felony (F2)	$15,000	8 years - prison
First Degree Felony (F1)	$20,000	11 years - prison

Some crimes, such as OVI, rape, and murder, have specified penalties outside the chart above. Other factors may also enhance the maximum penalties such as the use of a firearm, the age of the victim, or if the person is a repeat offender.

All criminal charges should be taken seriously. Even a minor misdemeanor can have an effect on your life. If you have been charged with a crime, or are a suspect in a criminal investigation, you should consult with an attorney.

The Nicodemus Law Office, LPA, regularly represents persons charged with all degrees of offenses, from minor misdemeanors to felonies. Call 740-422-9280 or complete this CONTACT FORM to schedule a consultation and protect your rights.

Divorce or Dissolution

The decision to end a marriage is never an easy one, even when both parties agree that the marriage should end. The decision, and the process is even more difficult when you and your spouse are less than amicable. Children, business interests, and long term marriages add additional stress and tension. Divorce and Dissolution are the two most common ways to terminate a marriage in Ohio. However, many people don't understand the difference between the two.

If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 or by completing the CONTACT FORM to schedule a consultation to discuss your rights.

Divorce

Divorce is adversarial by nature - one spouse suing another. The State of Ohio has enumerated 11 specific reasons a person may file for and be granted a divorce (see RC 3105.01). Often the most contentious issues in a divorce are not the the reasons for the divorce but are instead the issues of custody of children and division of the marital property.

While it is true that most divorces are resolved prior to trial, that resolution only comes after the parties and their attorneys fully discuss and litigate all the issues. Litigating these matters may also include Guardians for the children or experts to place values on marital property and businesses. Divorces, even when they resolve without a trial, can take a year or more to complete.  

Dissolution

A Dissolution may be an appropriate way to terminate a marriage when both parties are aware and agree that a marriage needs to end and they believe they can resolve all marital matters between themselves amicably.  Sometimes, even when spouses haven't fully agreed on all issues, they may agree a dissolution is preferable (often when children are involved) and will engage an attorneys to help resolve any issues.

Dissolutions are often resolved much quicker than divorces. By law, once a Petition for Dissolution is filed, the court must hear the matter within 90 days. 

Criminal Law Overview

Criminal law arises when someone has been charged with a crime or is a suspect in a criminal investigation. It is the area of law most people are familiar with. Who hasn't heard of Miranda warnings? Unfortunately, the understanding most people have of criminal law is from TV, basic classes in high school, or from knowing someone "who has been through the system." But this basic understanding does not cover the nuances of the actual practice of criminal law. For instance, contrary to popular belief, the police do not need to read Miranda warnings to everyone who has been arrested. 

Criminal charges can be an overwhelming, stressful, and a scary experience. Even a seemingly “minor” charge can have serious repercussions in the future. No criminal charge, in any court, should be taken lightly. Whether you have been charged with a felony or misdemeanor, or believe you are being investigated but have not yet been charged with a crime, it is important that you understand your rights and how a conviction may affect your future.

Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to protect your rights.

Family Law Overview

Family Law, also known as Domestic Relations, is the broad area of law covering most legal topics that deal with families and relationships. Some of the areas of law included are divorce (and dissolution), alimony/spousal support, paternity, child custody and parental rights, child support, and grandparent or third-party custody and visitation.

Family law is often emotionally and physically trying on everyone, especially when dealing with children. And domestic relations courts often move in slow and measured steps to assure children are properly protected and cared for - this means a divorce involving children can take over a year to complete.

Working with our clients the Nicodemus Law Office strives to lessen your stress of being in domestic relations court while ensuring you fully understand the entire court process while protecting your rights and interests.

Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.